Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 56

56 Entitlement of existing operators

(1) This section applies if—

(a) the chief executive proposes to enter into a service contract (a
"new contract" ) under section 38B for an area or route declared under section 42 ; and

(b) there is an operator (an
"existing operator" ) who already provides a general route service of the same kind for part or all of the area or route as the service that is to be provided under the new contract; and

(c) there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) .

(2) The existing operator is entitled to the first opportunity, exercised in the way set out in section 57 , to offer for the new contract.

(3) This section does not apply to—

(a) a service contract holder operating under a service contract for the area or route—

(i) that states that section 62 does not apply to it; or

(ii) if the chief executive has—

(A) issued a notice under section 46 (9) or 62A to the holder; or

(B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or

(C) received notice from the holder that the holder intends to surrender the holder’s service contract; or

(b) a person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder.